Domain Registration Agreement
This
Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of Active-Domain's ("active-domain.com")
domain name registration services to register an Internet domain
name, your registration of that domain name, as well as other
Active-Domain's domain name related services. In this Agreement
"you" and "your" refer to each customer and "we", "us" and "our"
refer to Active-Domain. This Agreement explains our obligations to
you, and explains your obligations to us for various Active-Domain
services. By selecting our service(s) you have agreed to establish
an account with us for such services. When you use your account or
permit someone else to use it to purchase or otherwise acquire
access to additional Active-Domain service(s) or to cancel your
Active-Domain service(s) (even if we were not notified of such
authorization), this Agreement covers such service or actions. By
using the service(s) provided by us under this Agreement, you
acknowledge that you have read and agree to be bound by all terms
and conditions of this Agreement, the Dispute Policy and any pertinent rules or policies that are
or may be published by Active-Domain.
This Agreement
will become effective when accepted by Active-Domain. We may elect
to accept or reject your domain name registration application for
any reason at its sole discretion, such rejection including, but not
limited to, rejection due to a request for registration of a
prohibited domain name.
1. Our Services
Active-Domain is
an authorized domain reseller of an accredited registrar with the
Internet Corporation for Assigned Names and Numbers ("ICANN") for
Top Level Domain Names (TLDs), currently .com, .net
and .org. ICANN oversees registrations and other aspects of
the TLDs. As an authorized domain name reseller, Active
Domain is, upon accepting your domain name registration
application, your billing sponsor for that application. All
domain name registrations we register for TLDs are not
effective until we have delivered the domain name
registration information you provide us to the registry
administrator for the TLDs, as applicable, and the registry
administrator puts into effect your domain name
registration.
You agree and
acknowledge that Active-Domain is not liable or responsible in any
way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and
receipt of, or failure to receive, a domain name registration.
You further
agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect, incidental, special or
consequential damages and reasonable legal fees and expenses)
arising out of, or related to, your domain name registration.
2. What We Do Not Do
We cannot and do
not check to see whether the domain name you select, or the use you
make of the domain name, infringes legal rights of others. We urge
you to investigate to see whether the domain name you select or its
use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer your
domain name. You should also be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we may
turn to you to hold us harmless and to indemnify us.
3. Fees
As consideration for the domain name registration services and/or
other services provided by Active-Domain to you, you agree to pay
us, prior to the effectiveness of the desired domain name
registration, the applicable service(s) fees for the initial
registration of the domain name and, should you choose to renew the
registration, subsequent renewals of the registration. All fees are
non-refundable, for any reason after your domain name is registered
with Internic's central registry, even if you are forced to
relinquish the domain name as a result of copyright or trademark
violation. However, we will refund the registration fees to you, in
the event that your registration is unsuccessful for any reason. As
long as the domain name is not registered, you will get your money
back.
The domain
registration fees is only applied for the registration, transfer, or
renewal of your domain name. All the current domain services are
provided as complimentary services except when explicit charges are
stated. We reserve the rights to cancel, withdraw and/or amend these
services at any time.
Your requested
domain name will not be registered unless we receive actual payment
of the registration fee. As further consideration for the
Active-Domain service(s), you agree to: (1) provide certain current,
complete and accurate information about you as required by the
registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information").
In the event of
a charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments of
the registration fee for your domain name registration, you agree
and acknowledge that the domain name registration shall be
transferred to Active-Domain as the paying entity for that
registration to the registry. We will reinstate your domain name
registration solely at our discretion, and subject to our receipt of
the initial registration or renewal fee and our reinstatement fee,
currently set at US$50. For more information, please click here.
We will attempt
to notify you via an email message or via your account information
when renewal fees are due. Should these fees go unpaid after the
expiration date of your domain name, your registration will be
cancelled. It is your responsibility as the domain owner to ensure
that your domain name is renewed promptly. Subsequent request to
reactivate your domain name will be charged at US$5 for each domain
to be reactivated, on top of the applicable renewal fees. Payment
must be made by credit card or such other method as we may indicate
in the registration application or renewal form. We will renew your
name for you provided your credit card or other billing information
is available and up to date, unless you instruct us otherwise within
the time specified. If your billing information is not accurate and
you wish to renew your domain name registration, we will contact you
to update this information and charge you accordingly.
4. Disclaimer and Domain Name Dispute Policy
If you request,
reserved or registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to be bound by
Active-Domain's current Disclaimer published on our site ("Disclaimer")
and our current Domain Name Dispute Policy ("Dispute
Policy"). The Disclaimer can be found at http://www.active-domain.com/disclaimer.htm
and the Dispute Policy can be found at http://www.active-domain.com/dispute.htm. Certain disputes,
as specified in the Dispute Policy, are subject to that Policy. You
agree that, if the registration or reservation of your domain name
is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time
your domain name registration is disputed by the third party. You
also agree that, in the event a domain name dispute arises with any
third party, you will indemnify and hold Active-Domain harmless
pursuant to the terms and conditions contained in the Dispute
Policy.
5. Modifications to Active-Domain's Registration Agreement and
Dispute Policy
You agree,
during the period of this Agreement, that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be
binding and effective immediately on posting of the revised
Agreement or change to the service(s) on Active-Domain's web site,
or on notification to you by e-mail. You agree to review
Active-Domain's web site, including the Agreement, periodically to
be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any
time by providing us with notice by e-mail at admin@active-domain.com. Notice of your termination will be
effective on receipt and processing by us. You agree that, by
continuing to use the Active-Domain services following notice of any
revision to this Agreement or change in service(s), you abide by any
such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your
continued use of the domain name registered to you shall constitute
your acceptance of this Agreement and the Dispute Policy with the
new modifications. You acknowledge that if you do not agree to any
of such changes, you may request that your domain name registration
be cancelled or transferred to a different domain name registrar.
You agree that such cancellation or request for transfer will be
your exclusive remedy if you do not wish to abide by any changes to
this Agreement or the Dispute Policy.
6. Account Information and Its Use
a.
Information You Are Required to Submit. As part of the
registration process, you are required to provide certain
information and to update this information promptly as needed to
keep it current, complete and accurate. The information you are
obligated to provide in connection with the domain name you are
registering is the following:
i. The
domain name being registered;
ii. Your (or
The domain name holder's) name, postal address, e-mail address,
voice telephone number, and where available, fax number; and
iii. The name,
postal address, e-mail address, voice telephone number, and where
available, fax number of the billing contact for the domain name;
and
iv. Valid
payment information
You agree and
acknowledge that when you renew your domain name registration, the
type of information you are required to provide may have changed. If
you do not wish to provide the new required information, your
registration may not be renewed.
All other
information which we may request from you at registration is
voluntary. However, not providing the requested information may
prevent you from obtaining all products and services made available
to domain name registrants by us, other than registration of the
domain name.
b. Additional
Information Maintained About Your Registration. In addition to
the information you provide, we maintain records relating to your
domain name registration. These records may include:
i. The
original creation date of the registration;
ii. The submission date and time of the registration application to
us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact for
the domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for the
domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all
other activity between you and us and third parties relating to your
domain name registration and related services.
c. Your
Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby
represent that you have (a) provided notice to that third party of
the disclosure and use of that party's information as set forth in
this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's
information as set forth in this Agreement. By registering a name or
applying for services you also represent that the statements in its
application are true and you also represent that the Domain Name is
not being registered for any unlawful purpose.
You acknowledge
that willfully providing inaccurate information or willfully failing
to update information promptly will constitute a material breach of
this Agreement and will be sufficient basis for cancellation of your
domain name registration. You further agree that your failure to
respond for over ten (10) calendar days to inquiries by
Active-Domain concerning the accuracy of contact details associated
with your registration shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation of your
domain name registration.
d. Privacy
Policy: Disclosure and Use of Registration Information. You
agree and acknowledge that Active-Domain will make available domain
name registration information you provide or that we otherwise
maintain to ICANN, to the registry administrator(s), and to other
third parties as ICANN and applicable laws may require or permit.
You further agree and acknowledge that Active-Domain may make
publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our "Whois"
service) or for targeted marketing and other purposes as required or
permitted by ICANN and applicable laws.
Additionally,
you acknowledge that ICANN may establish guidelines, limits and/or
requirements that relate to the amount and type of information that
Active-Domain may or must make available to the public or to private
entities, and the manner in which such information is made
available.
You hereby
consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name
registration and other information by Active-Domain.
You may access
your domain name registration information in our possession to
review, modify or update such information, by accessing your account
at our web site (https://domainpanel.com),
or via a similar service. In order to change any of your account
information with us, you must use your Account Identifier and
Password that were sent to you when you establish your account with
us. Please safeguard your Account Identifier and Password from any
unauthorized use. You agree that any person in possession of you
Account Identifier and Password will have the ability and your
authorization to modify your account information. In no event will
we be liable for the unauthorized use or misuse of your Account
Identifier or Password. Active-Domain will take reasonable
precautions to protect the information it obtains from you from our
loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
7. Ownership of Information and Data
You agree and
acknowledge that Active-Domain owns the following information for
those registrations for which we have accepted: (a) the original
creation date of the registration, (b) the expiration date of the
registration, (c) the name, postal address, e-mail address, voice
telephone number, and where available fax number of all contacts for
the domain name registration, (d) any remarks concerning the
registered domain name that appear or should appear in the Whois or
similar database, and (e) any other information we generate or
obtain in connection with the provision of domain name registration
services, other than the domain name being registered, the IP
addresses of the primary nameserver and any secondary nameservers
for the domain name, and the corresponding names of those
nameservers. Active-Domain does not have any ownership interest in
your specific personal registration information outside of its
rights in our domain name database.
8. Agents and Licenses
You agree that,
if you are registering a domain name for or on behalf of someone
else, you represent that you have the authority to nonetheless bind
that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that
if you license the use of the domain name registered to you to a
third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and
providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing and
zone contact information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name and
domain name registration.
9. Use Of Free Services
In consideration
for providing optional domain services for which we do not charge an
additional fee, including, but not limited to, URL forwarding, email
forwarding, free parking page, or other services which we may
introduce from time to time but for which there is not a separate
fee, you agree that, if you use such services, we may display
advertising in conjunction therewith through the use of text or/and
banner advertisements, and that we may aggregate related usage data
by means of cookies and other similar means.
10.
Expiration and Renewal of Service
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other services are set to expire. We will attempt to notify you via email messages when renewal fees are due. Should these fees go unpaid, your services will expire or be cancelled. Your request to restore or reactivate your expired domain name will incur a reactivation fee of US$5 per domain name, on top of the regular domain renewal fees. Furthermore, such request can only be accepted if your domain name has not been deleted from our registration database and placed in Redemption Grace Period.
11. After Expiration of the Term of a Domain Name Registration
After expiration
of the term of a domain name registration services and before
deletion of the domain name in the applicable registry's database,
you acknowledge that we may direct the domain name to name-servers
and IP address(es) designated by us, including, without limitation,
to no IP address or to IP address(es) which host a parking page or a
commercial search engine that may display advertisements, and you
acknowledge that we may either leave your WHOIS information intact
or that we may change the contact information in the WHOIS output
for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
After expiration of the term of domain name registration service, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. The renewal grace period is currently set at fifteen (15) days but subject to change under the terms of this Agreement. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore.
If you do not renew the domain name during the renewal grace period your domain name may be deleted after which you will have a 30-day redemption period during which you may pay a Redemption fee to redeem the domain name. The Redemption fee is currently US$270 and is subject to change under the terms of this Agreement. You acknowledge and agree that if you do not redeem your domain name prior to the end of the 30-day redemption period it will be made available to be registered or re-registered to any party at any time.
12.
Announcements
We reserve the
right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service
partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your
identity on the Internet.
13. Limitation of Liability
YOU AGREE THAT
ACTIVE-DOMAIN WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF
THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN
NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES
YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR
LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7)
EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE
DISPUTE POLICY. ACTIVE-DOMAIN ALSO WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN $500.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Indemnity
You agree to
release, indemnify, and hold Active-Domain, its contractors, agents,
employees, and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the Active-Domain services provided
hereunder or your use of our services, including without limitation
infringement by you, or someone else using any of our service with
your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any
Active-Domain operating rule or policy relating to the service(s)
provided. When Active-Domain is threatened with suit by a third
party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name. This indemnification is
in addition to any indemnification required under the Dispute
Policy.
15. Representations and Warranties
YOU REPRESENT
THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS
DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD
PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION
PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS
ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU
"AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN
NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ACTIVE-DOMAIN MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE E-MAIL SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. Breach and Revocation
Active-Domain
reserves the right to suspend, cancel, transfer or modify your
domain name registration or suspend, cancel or modify other services
we provide in the event (a) you materially breach this Agreement
(including the Dispute Policy) and do not cure such breach within
thirty (15) days of notice by us, (b) you use the domain name
registered to you to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable
usage policies of the Internet, (c) you use your domain name in
connection with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification as provided
for in this Agreement. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar or registry
administrator procedures approved by an ICANN-adopted policy, (1) to
correct mistakes by us, another registrar or the registry
administrator in administering the name or (2) for the resolution of
disputes concerning the domain name.
You also agree
that we shall have the right in its sole discretion to suspend,
cancel, transfer or otherwise modify a domain name registration upon
seven (7) calendar days prior written notice, or at such time as we
receive a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension,
cancellation transfer or modification of the domain name
registration.
17. Right Of Refusal
We, in our sole
discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other service(s), or to
delete your domain name within five (5) calendar days from receipt
of your payment for such services. In the event we do not register
or reserve your domain name, or we delete your domain name within
such five (5) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or
reserve, or delete your domain name or register you for other
Active-Domain service(s).
18. Notices
You agree that
any notices required to be given under this Agreement by
Active-Domain to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
19. Infancy
You attest that
you are of legal age to enter into this Agreement.
20.
General
This Agreement,
our Disclaimer and the Dispute Policy, together with all
modifications, constitute the complete and exclusive agreement
between you and Active-Domain, and supersede and govern all prior
proposals, agreements, or other communications. Nothing contained in
this Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The failure
of Active-Domain to require your performance of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Policy shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall
not render this Policy unenforceable or invalid as a whole.
Active-Domain will amend or replace such provision with one that is
valid and enforceable and which achieves, to the extent possible,
the original objectives and our intent as reflected in the original
provision. This Agreement, our Disclaimer and the Dispute Policy may
not be amended or modified by you except by means of a written
document signed by both you and an authorized representative of
Active-Domain.
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